Relocated to CA from another state with 2 dui convictions

Asked over 3 years ago - San Jose, CA

I have relocated from MA and have 2 dui convictions, the most recent from 2005. MA has an interlock program, but didn't participated because I was able to function there without a car. Since I have established CA residency I completed a form for MA acknowledging that I cannot legally drive in MA, in return they have cleared my current record status in MA with a "Z" restriction. In MA, the "Z" restriction is given to drivers who are required to have an interlock device when driving in MA. I have never before had a CA license and neither of my convictions were in CA. Will I need to take the CA classes and install the interlock device in order to drive in CA? I have a certified driving record from MA showing the reinstatement, but I'm concerned the "Z" status will carry over to CA. Will it?

Additional information

My MA license has expired.
After relocating to CA, I was able to obtain a CA license (a month ago - passed the test, got an interim license), but I was notified of its suspension a week later because CA learned of my MA convictions.

Attorney answers (4)

  1. C. Logan McKechnie

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You will need to attend and complete the SB-38 program in California. You need to make an appointment with the DMV and discuss your two prior convictions. Do not mention the interlock in the conversation. The DMV employee will be able to direct you on what you will have to do to be eligble to drive in California. This is not a court issue.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on as such. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state and even county by county. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws, local rules and the area of practice in which your concern lies. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Robert Laurens Driessen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The California DMV will follow whatever the MA DMV tells them to do. I sounds like you just need to have the interlock device installed. The best thing to do is contact your local DMV Driver's Safety Office. They will be able to inform you on what you need to do to get a restricted license.
    Robert Driessen
    www.driessen-litigation.com

  3. Joseph Torri

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It is likely that whatever MA requires, CA will require. You need to schedule an appointment with the CA DMV to see what they will require for you to get a license here. If MA requires the interlock device, CA probably will too. If you didn't complete MA classes, CA will probably require you to complete its second-time DUI class, SB-38. If you completed the MA 2nd DUI classes, then CA may not require you to take them.

    This is a DMV issue. The courts generally do not get involved with these types of matters. Good luck.

  4. Aaron Reuben Bortel

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Start with the DMV Mandatory Actions Unit in Sacramento. You will often get incorrect advice from the local DMV's, so start at the top.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now